2007 PLD 44 QUETTA-HIGH-COURT-BALOCHISTAN

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PANDOK VS KHODA IQBAL 1988 CLC 2388, 1990 SCMR 441, 1990 SCMR 694, PLD 1968 SC 140, PLD 1969 SC 136, PLD 1983 Quetta 52, Balochistan Vagrancy (Amendment) Ordinance 2001--1 , Balochistan Vagrancy (Amendment) Ordinance 2001--PREAMBLE , Code of Civil Procedure 1908--115 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , ---Ss. 63 & 64---Specific Relief Act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and perl31anent injunction---Trial Court, though after having gone through the pleadings of the parties, framed issues but no issue was framed regarding maintainability of the suit inview of S.63 of Balochistan Tenancy Act, 1978---Courts below also fell in error before proceeding with the case to consider the relevant law dealing with the dispute---Contents of the plaint clearly indicated that respondents filed suit on the ground that tenants were not paying them Haq-e-Malkana and sought their eviction from the land on that ground, which exclusively fell within the jurisdiction of Revenue Court constituted under Balochistan Tenancy Act, 1978---Courts below, without considering legal proposition of law, having illegally proceeded with the case, judgments/decrees impugned therein, were without jurisdiction High Court while exercising its revisional jurisdiction, interfered in concurrent findings of Courts below, based on erroneous assumption of facts, patent error of law and arbitrary exercise of powers and set aside Impugned judgments/decrees; with direction to Qazi to return plaint to respondents for presentation of the same before the Revenue Court having jurisdiction over the matter.